Common use of Existing Improvements Clause in Contracts

Existing Improvements. If this Lease pertains to a Premises in which the interior improvements have already been constructed ("EXISTING IMPROVEMENTS"), the provisions of this Paragraph 2.A. shall apply and the term commencement date ("TERM COMMENCEMENT DATE") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, "as is," and as suitable for, the Permitted Use (as defined below), and for Tenant's intended operations in the Premises. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date, in accordance with the terms of this Lease, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Term Commencement Date.

Existing Improvements. If this Lease pertains A subsidiary of Tenant is currently in possession of the Premises pursuant to a Premises in which the interior improvements have already been constructed terms and conditions of that certain sublease dated February 3, 1999 by and between Corsair Communications, Inc., as sublandlord and Wireless Billing Systems as subtenant ("EXISTING IMPROVEMENTS"the “Sublease”). The subtenant shall be bound by the terms and conditions of the Sublease through April 30, the provisions of this Paragraph 2.A. shall apply and the 2001. The term commencement date ("TERM COMMENCEMENT DATE") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled “Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity ”) of this LeaseLease shall be May 1, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date2001. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, "“as is," ” and as suitable for, the Permitted Use (as defined below), and for Tenant's ’s intended operations in the PremisesPremises subject to Tenant’s right to make the Tenant Improvements as further outlined in Exhibit C. Tenant may, subject to the terms set forth in Exhibit C, commence construction of the Tenant Improvements at any time after the date of this Lease; however, in no event must be completed no later than December 31, 2001. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's ’s request, Tenant shall promptly execute and return to Landlord a "“Start-Up Letter" ” in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date, in accordance with the terms of this Lease, but Tenant's ’s failure or refusal to do so shall not negate Tenant's ’s acceptance of the Premises or affect determination of the Term Commencement Date.

Existing Improvements. If this Lease pertains to a Premises in which the interior improvements have already been constructed ("EXISTING IMPROVEMENTS"“Existing Improvements”), the provisions of this Paragraph 2.A. shall apply and the term commencement date ("TERM COMMENCEMENT DATE"“Term Commencement Date”) shall be the earlier of the date on which: which (1) Tenant takes [ILLEGIBLE] possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time [ILLEGIBLE] as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, "“as is," in” and as suitable for, the Permitted Use (as defined below), and for Tenant's ’s intended operations in the Premises. , Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel alter [ILLEGIBLE] or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's ’s request, Tenant shall promptly execute and return to Landlord a "Start-“Start Up Letter" ” in which Tenant shall agree, agree among other things, to acceptance of the Premises and to the determination of the Term Commencement Date, in accordance with the terms of this Lease, but Tenant's ’s failure or refusal to do so shall not negate Tenant's ’s acceptance of the Premises or affect determination of the Term Commencement Date.

Existing Improvements. If this Lease pertains to a Premises in which the interior improvements have already been constructed ("EXISTING IMPROVEMENTSExisting Improvements"), the provisions of this Paragraph 2.A. shall apply and the term commencement date ("TERM COMMENCEMENT DATETerm Commencement Date") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, broom clean, "as is," and as suitable for, the Permitted Use (as defined below), and for Tenant's intended operations in the Premises. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Start Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date, in accordance with the terms of this Lease, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Term Commencement Date.

Existing Improvements. If In the event this Lease pertains to a Premises in which the interior improvements have already been constructed ("EXISTING IMPROVEMENTS"“Existing Improvements”), the provisions of this Paragraph 2.A. Section shall apply and the term commencement date ("TERM COMMENCEMENT DATE") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premisesapply. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Estimated Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Leasehereunder, and Tenant Xxxxxx agrees to accept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant Xxxxxx has inspected and accepts the Premises in their present condition, "broom clean, “as is," and ” as suitable for, for the Permitted Use (as defined below), and purpose for Tenant's intended operations in which the PremisesPremises are leased. Tenant Xxxxxx agrees that the Premises said Xxxxxxxx and other improvements are in good and satisfactory condition as of when the date possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's requestLease and/or the work letter attached hereto as Exhibit “B”, Tenant shall promptly execute and return incorporated herein, which sets forth Premises improvements to Landlord a "Start-Up be completed by the Parties, if any (“Work Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date, in accordance with the terms of this Lease, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Term Commencement Date”).

Existing Improvements. If this Lease pertains Tenant acknowledges that Landlord made improvements and renovations to a Premises in which the interior improvements have already been constructed ("EXISTING IMPROVEMENTS"), the provisions of this Paragraph 2.A. shall apply and the term commencement date ("TERM COMMENCEMENT DATE") shall be the earlier of Project prior to the date on which: (1) Tenant takes possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, which Landlord has advised Tenant cost in excess of $1,200,000, and Tenant agrees that those improvements and renovations were a factor in Tenant’s decision to accept possession lease the Building. LANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT’S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, DEMAND, SETOFF OR DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD OF ITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. This Lease is executed on the respective dates set forth below, but for reference purposes, this Lease shall be dated as of the Premises at such time as Landlord date first above written. If the execution date is able to deliver the sameleft blank, which date this Lease shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, "as is," and as suitable for, the Permitted Use (as defined below), and for Tenant's intended operations in the Premises. Tenant agrees that the Premises and other improvements are in good and satisfactory condition executed as of when possession was takenthe date first written above. Tenant further acknowledges that no representations LANDLORD: W2005 RPS REALTY, L.L.C., a Delaware limited liability company By: Archon Group, L.P., as to the condition or repair of the Premises nor promises to alterAsset Manager By: /s/ Nxxxx X. Xxxx Name: Nxxxx X. Xxxx Title: Vice-President Execution Date: 1/28/2011 TENANT: ARIBA, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's requestINC., Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Delaware corporation By: /s/ Cxxxx Xxxxxxxxx Name: Cxxxx Xxxxxxxxx Title: VP & Corporate Controller Execution Date, in accordance with the terms of this Lease, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Term Commencement Date.: 1/24/11

Existing Improvements. If this Lease pertains Landlord, at its sole cost and expense, shall have the right to a remove from the Demised Premises any existing leasehold improvements that Tenant does not intend to reuse in which the interior improvements have already been constructed ("EXISTING IMPROVEMENTS"), the provisions of this Paragraph 2.A. shall apply and the term commencement date ("TERM COMMENCEMENT DATE") shall be the earlier its renovation of the date on which: (1) Tenant takes possession Demised Premises as part of some or all Tenant’s Work. Upon its review of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy Working Drawings prepared by Tenant’s design consultants as called for in the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement DateLease, Landlord shall not be subject to any liability thereforindicate, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Leasethrough a schedule and marked drawing, and Tenant agrees to accept possession which of the existing improvements not shown as being reused in the Demised Premises at such time as Landlord is able wishes to deliver the same, which date shall then be deemed the Term Commencement Dateremove. Tenant shall not review the schedule and marked drawing for approval of the existing leasehold improvements to be liable for any Rent (defined below) for any period prior to removed by Landlord. Landlord shall remove said improvements from the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Demised Premises in their present conditiona manner so as not to interfere with Tenant’s Work or cause any damage or delay to Tenant’s Work. Any damage to Tenant’s Work caused by Landlord, "its employees, agents or invitees shall be promptly repaired by and at the sole cost and expense of Landlord. If Landlord delays the Tenant’s Work, as is," reasonably determined by the Landlord and Tenant, then Tenant shall receive the Rent Credit specified above for each day of delay. THIS CERTIFICATE OF DELIVERY OF POSSESSION AND COMMENCEMENT DATE OF LEASE, made on this ___day of ___, 2002 (herein after referred to as suitable for, the Permitted Use (as defined below“Certificate”), between WESTPHALIA CENTER II LIMITED PARTNERSHIP, a Maryland limited partnership (hereinafter referred to as the “Landlord”), whose address for purposes hereof is c/o Minkoff Development Corporation 9000 Xxxxxxx Xxxx, Gaithersburg, MD 20877; and for Tenant's intended operations in the Premises. Tenant agrees that the Premises AVALON PHARMACEUTICALS, INC., a Delaware corporation, qualified to transact business and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to standing under the condition or repair laws of the Premises nor promises State of Maryland (hereinafter referred to alteras the “Tenant”), remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's requestwhose address for purposes hereof is 20458, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree20460, among other things20462, to acceptance of the Premises and to the determination of the Term Commencement Date20482, in accordance with the terms of this Lease20484 & 20000 Xxxxxxxxx Xxxx, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Term Commencement DateXxxxxxxxxx, Xxxxxxxx 00000.